Orta v. Taylor et al

Filing 16

ORDER DENYING Plaintiff's Motion for Discovery as Premature 15 , signed by Magistrate Judge Stanley A Boone on 2/21/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOSEPH MATTHEW ORTA,

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CASE NO. 1:11-cv-00506-SAB (PC)

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
FOR DISCOVERY AS PREMATURE

v.
(ECF No. 15)

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M. E. TAYLOR, et al.,

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Defendants.
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Plaintiff Joseph Matthew Orta is a state prisoner appearing pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on March 25, 2011, and

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a first amended complaint, filed June 20, 2011, is currently pending screening. On January 22, 2013,

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Plaintiff filed a motion to compel discovery.

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As Plaintiff was notified via the first informational order, an order opening discovery is

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issued once an answer is filed. (First Informational Order ¶ 8, ECF No. 3.) No discovery may be

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conducted, without permission from the Court, until an answer is filed and the Court issues an order

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opening discovery. Plaintiff’s motion is premature. Once Defendants have filed an answer a

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discovery and scheduling order will be issued opening discovery in this action. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s motion to compel, filed January 22, 2013, is
DENIED.

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IT IS SO ORDERED.
Dated:

February 21, 2013
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i1eed4

UNITED STATES MAGISTRATE JUDGE

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